PART 9. TEXAS COMMISSION ON JAIL STANDARDS
CHAPTER 297. COMPLIANCE AND ENFORCEMENT
The Texas Commission on Jail Standards adopts the repeal of 37 TAC §§297.1 - 297.14 and new §§297.1 - 297.17, concerning compliance and enforcement, without changes as published in the September 16, 2022, issue of the Texas Register (47 TexReg 5751). The rules will not be republished.
The adoption implements HB 1545 of the 87th Legislative Session, which added Gov. Code § 511.00902.
The new rule alters the minimum frequency of jail inspections and requires that they be determined by priority as required by state law and other factors. The new rule requires that all inspections be unannounced and that 10% of reinspections be selected randomly for a comprehensive inspection. The new rule requires that jails receiving two or more notices of non-compliance within a period of eighteen consecutive months must be subject to increased monitoring, as defined. The new rule places immediate enforcement action on jails when they fail to submit reports or are found non-compliant while under increased monitoring. The new rule creates graduated enforcement actions at intervals of 3, 6, 9, and 12 months.
The agency received no public comments.
The repeals are adopted under statutory authority of Government Code, Chapter 511, which authorizes the Texas Commission on Jail Standards to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails. This adoption does not affect other rules or statutes.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 14, 2022.
TRD-202204560
Brandon Wood
Executive Director
Texas Commission on Jail Standards
Effective date: December 4, 2022
Proposal publication date: September 16, 2022
For further information, please call: (512) 463-2690
New rules are adopted under the authority of Government Code, Chapter 511, which authorizes the Texas Commission on Jail Standards to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails. This adoption does not affect other rules or statutes.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 14, 2022.
TRD-202204561
Brandon Wood
Executive Director
Texas Commission on Jail Standards
Effective date: December 4, 2022
Proposal publication date: September 16, 2922
For further information, please call: (512) 463-2690
CHAPTER 344. EMPLOYMENT, CERTIFICATION, AND TRAINING
SUBCHAPTER B. QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT
The Texas Juvenile Justice Department (TJJD) adopts amendments to Texas Administrative Code Chapter 344, Subchapter B, §344.200, without changes to the proposed text as published in the September 23, 2022, issue of the Texas Register (47 TexReg 6179). The amended section will not be republished.
SUMMARY OF CHANGES
The amended §344.200, concerning General Qualifications for Positions Requiring Certification, adds that, to be eligible for certification, juvenile probation officers, juvenile supervision officers, and community activities officers must have no criminal history described in new §344.410 unless TJJD has reviewed it and approved certification despite the criminal history.
PUBLIC COMMENTS
TJJD received no public comments on the proposed rulemaking action.
STATUTORY AUTHORITY
The amended section is adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel. The amended section is also adopted under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.
No other statute, code, or article is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 16, 2022.
TRD-202204603
Christian von Wupperfeld
General Counsel
Texas Juvenile Justice Department
Effective date: December 30, 2022
Proposal publication date: September 23, 2022
For further information, please call: (512) 490-7278
37 TAC §§344.300, 344.320, 344.330
The Texas Juvenile Justice Department (TJJD) adopts amendments to Texas Administrative Code Chapter 344, Subchapter C, §§344.300, 344.320, and 344.330, without changes to the proposed text as published in the September 23, 2022, issue of the Texas Register (47 TexReg 6181). The amended sections will not be republished.
SUMMARY OF CHANGES
The amended §344.300, concerning Criminal History Checks, adds that department or facility policy must prohibit direct, unsupervised access to juveniles in a juvenile justice program or facility by any person with a criminal history described in new §344.410 who has not been reviewed and approved by TJJD or the juvenile board or designee, as appropriate; clarifies that a criminal history check must be conducted for an individual who is in a position eligible for optional certification and who is seeking certification or may have direct, unsupervised access to juveniles and who provides goods or services under contract on the premises of a juvenile justice facility or program, with certain exceptions; and clarifies that, before any individual listed earlier in this section begins employment or service provision, the department must ensure the criminal history is reviewed and the person is not determined to have a criminal history prohibiting employment or certification.
The amended §344.320, concerning Criminal History Checks for Position and Departmental Transfers, modifies the section title to reflect changes to the text of the section and adds that the employing department or facility must complete a criminal history check when the department or facility is seeking certification for a person in a position that allows for optional certification.
The amended §344.330, concerning Criminal History Checks for Employees of Private Juvenile Justice Facilities, includes a corresponding language change to describe the offenses that require the probation department to immediately notify the private facility administration in writing if the department receives a FACT alert regarding an arrest, conviction, or deferred adjudication. Because the changes to this section have modified the definition of disqualifying offense to be a small subset of offenses, this section specifies that all offenses punishable by confinement or imprisonment mandate the notification.
PUBLIC COMMENTS
TJJD received no public comments on the proposed rulemaking action.
STATUTORY AUTHORITY
The amended sections are adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel. The amended sections are also adopted under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.
No other statute, code, or article is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 16, 2022.
TRD-202204604
Christian von Wupperfeld
General Counsel
Texas Juvenile Justice Department
Effective date: December 30, 2022
Proposal publication date: September 23, 2022
For further information, please call: (512) 490-7278
37 TAC §§344.400, 344.410, 344.420, 344.430
The Texas Juvenile Justice Department (TJJD) adopts amendments to Texas Administrative Code Chapter 344, Subchapter D, §344.400, and adopts new §§344.410, 344.420, and 344.430, without changes to the proposed text as published in the September 23, 2022, issue of the Texas Register (47 TexReg 6183). The amended and new sections will not be republished.
SUMMARY OF CHANGES
The amended §344.400, concerning Disqualifying Criminal History, revises, in accordance with Chapter 53, Occupations Code, disqualifying criminal history to include only convictions or deferred adjudications for offenses in Article 42A.054, Code of Criminal Procedure, and sexually violent offenses under Article 62.001, Code of Criminal Procedure, or substantially equivalent violations against the laws of another state or the United States; removes other felonies and misdemeanors as well as the general requirement to register as a sex offender from the list of things that are an automatic disqualifier for certification (which are addressed in new §344.410); clarifies that TJJD is the entity that determines whether a federal offense or an offense in another state is substantially equivalent to an offense listed in Article 42A.054 or 62.001, Code of Criminal Procedure; and deletes references to variances granted under the repealed version of 344.410.
The amended §344.400 also adds that the newly created disqualification for a sexually violent offense does not apply to officers certified before the effective date of this section unless the certification expires or to noncertified individuals in a position requiring criminal history checks who began service provision before the effective date of this section with no break in service after that date.
In addition, the amended §344.400 removes the following provisions: 1) the date of conviction or order of deferred adjudication is used to determine when applicable time periods expire (addressed in new §344.410); 2) regardless of the time periods set forth, at least one year must have elapsed since the completion of any period of incarceration, community supervision, or parole (addressed in new §344.410); 3) if a department receives notification of an arrest for potentially disqualifying criminal conduct of a person hired in the capacity of a certified officer, the department must notify TJJD's certification office in writing of the alleged offense no later than 10 calendar days after receiving notice of the arrest (addressed in new §344.430); 4) if a department receives notification of a conviction for disqualifying criminal conduct of a person hired in the capacity of a certified officer, the department must notify TJJD's certification office in writing of the offense no later than 10 calendar days after receiving notice of the conviction (addressed in new §344.430); 5) any conviction occurring before January 1, 2010, will not disqualify a noncertified individual in a position requiring a criminal history check who began employment or service provision before January 1, 2010, with no break in service after that date; and 6) any felony conviction, felony deferred prosecution, felony deferred adjudication, misdemeanor conviction, misdemeanor deferred prosecution, or misdemeanor deferred adjudication occurring before September 1, 2003, will not disqualify a certified officer who held an active certification on September 1, 2003.
New §344.410, concerning Other Criminal History, establishes which types of criminal history would make an individual ineligible for certification without prior TJJD approval and ineligible for certain noncertified positions without an exemption from the juvenile board.
New §344.420, concerning Review of Criminal History, establishes the process TJJD will use to review a person's criminal history.
New §344.430, concerning Arrest or Conviction of Current Employees, establishes steps to be taken when a person who is certified or is in the process of being certified is arrested or convicted.
PUBLIC COMMENTS
TJJD received no public comments on the proposed rulemaking action.
STATUTORY AUTHORITY
The new and amended sections are adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel. The sections are also adopted under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.
No other statute, code, or article is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 16, 2022.
TRD-202204605
Christian von Wupperfeld
General Counsel
Texas Juvenile Justice Department
Effective date: December 30, 2022
Proposal publication date: September 23, 2022
For further information, please call: (512) 490-7278
The Texas Juvenile Justice Department (TJJD) adopts the repeal of Texas Administrative Code Chapter 344, Subchapter D, §344.410, without changes to the proposed text as published in the September 23, 2022, issue of the Texas Register (47 TexReg 6186). The repealed section will not be republished.
SUMMARY OF CHANGES
The repeal of §344.410, concerning Exemption or Variance for Disqualifying Criminal History, allows for portions of the content to be revised and republished within new §344.410.
PUBLIC COMMENTS
TJJD received no public comments on the proposed rulemaking action.
STATUTORY AUTHORITY
The repeal is adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel. The repeal is also adopted under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.
No other statute, code, or article is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 16, 2022.
TRD-202204606
Christian von Wupperfeld
General Counsel
Texas Juvenile Justice Department
Effective date: December 30, 2022
Proposal publication date: September 23, 2022
For further information, please call: (512) 490-7278
The Texas Juvenile Justice Department (TJJD) adopts amendments to Texas Administrative Code Chapter 344, Subchapter G, §344.804, without changes to the proposed text as published in the September 23, 2022, issue of the Texas Register (47 TexReg 6187). The amended section will not be republished.
SUMMARY OF CHANGES
The amended §344.804, concerning Dual Certification, includes a nonsubstantive wording change.
PUBLIC COMMENTS
TJJD received no public comments on the proposed rulemaking action.
STATUTORY AUTHORITY
The amended section is adopted under §221.002(a)(3), Human Resources Code, which requires TJJD to adopt reasonable rules that provide appropriate educational, preservice, and in-service training and certification standards for probation and detention officers or court-supervised community-based program personnel. The amended section is also adopted under §§222.001, 222.002, and 222.003, Human Resources Code, which establish minimum requirements for appointment in a position requiring certification from TJJD.
No other statute, code, or article is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 16, 2022.
TRD-202204608
Christian von Wupperfeld
General Counsel
Texas Juvenile Justice Department
Effective date: December 30, 2022
Proposal publication date: September 23, 2022
For further information, please call: (512) 490-7278
CHAPTER 423. FIRE SUPPRESSION
SUBCHAPTER A. MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION
The Texas Commission on Fire Protection (commission) adopts amendments to 37 Texas Administrative Code Chapter 423, Fire Suppression, Subchapter A, Minimum Standards For Structure Fire Protection Personnel Certification, concerning §423.3, Minimum Standards for Basic Structure Fire Protection Personnel Certification, and §423.13, International Fire Service Accreditation Congress (IFSAC) Seal. The amended sections are adopted with changes to the text as published in the May 20, 2022, issue of the Texas Register (47 TexReg 3040). The changes in both sections incorporate spelling corrections. The rules will be republished. The proposal and adoption of these amendments were initiated as a result of a rule review conducted by the agency. The purpose of the proposed amendments to rule §423.3, Minimum Standards for Basic Structure Fire Protection Personnel Certification, is to correct the name of the State Firefighters' and Fire Marshals' Association. The change to §423.13 corrects a reference to subsection (b) instead of (c). The amendments reflect that the commission regulates various entities, not solely fire departments.
No comments were received from the public regarding the adoption of the amendments.
The rules are adopted under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rules are also adopted under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing the requirements for certification; and §419.0325, which authorizes the commission to obtain the criminal history record information for the individual seeking certification by the commission.
§423.3.Minimum Standards for Basic Structure Fire Protection Personnel Certification.
In order to be certified as Basic Structure Fire Protection Personnel, an individual must:
(1) possess valid documentation from the International Fire Service Accreditation Congress or the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2008 or later edition of the NFPA standard applicable to this discipline and meeting the requirements specified in §439.1 of this title (relating to Requirements--General) as:
(A) Fire Fighter I, Fire Fighter II, Hazardous Materials Awareness Level Personnel; and
(B) Hazardous Materials Operations Level Responders including the Mission-Specific Competencies for Personal Protective Equipment and Product Control under the current edition; or
(C) NFPA 472 Hazardous Materials Operations prior to the 2008 edition; and
(D) meet the medical requirements outlined in §423.1 of this title (relating to Minimum Standards for Structure Fire Protection Personnel); or
(2) complete a commission-approved basic structure fire protection program, meet the medical requirements outlined in §423.1 of this title (relating to Minimum Standards for Structure Fire Protection Personnel), and successfully pass the commission examination(s) as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved basic structure fire suppression program shall consist of one or any combination of the following:
(A) completion of a commission-approved Basic Fire Suppression Curriculum, as specified in the commission's Certification Curriculum Manual; or
(B) completion of an out-of-state, and/or military training program deemed equivalent to the commission-approved Basic Fire Suppression Curriculum; or
(C) documentation of the receipt of a Fire Fighter II certificate, an advanced certificate, or confirmation of training from the State Firefighters' and Fire Marshals' Association of Texas that is deemed equivalent to a commission-approved Basic Fire Suppression Curriculum.
§423.13.International Fire Service Accreditation Congress (IFSAC) Seal.
(a) Individuals completing a commission-approved basic structure fire protection program, meeting any other NFPA requirement, and passing the applicable commission examination(s) may be granted IFSAC seal(s) for Hazardous Materials Awareness Level Personnel, Hazardous Materials Operations Level Responders (including the Mission-Specific Competencies for Personal Protective Equipment and Product Control), Fire Fighter I, and/or Fire Fighter II by making application to the commission for the IFSAC seal(s) and paying applicable fees, provided they meet the following provisions:
(1) To receive the IFSAC Hazardous Materials Awareness Level Personnel seal, the individual must:
(A) complete the Hazardous Materials Awareness section of a commission-approved course; and
(B) pass the Hazardous Materials Awareness section of a commission examination.
(2) To receive the IFSAC Hazardous Materials Operations Level Responders seal (including the Mission-Specific Competencies for Personal Protective Equipment and Product Control) the individual must:
(A) complete the Hazardous Materials Operation section of a commission-approved course; and
(B) document possession of an IFSAC Hazardous Materials Awareness Level Personnel seal; and
(C) pass the Hazardous Materials Operations section of a commission examination.
(3) To receive the IFSAC Fire Fighter I seal, the individual must:
(A) complete a commission-approved Fire Fighter I course; and
(B) provide medical documentation as outlined in subsection (b) of this section; and
(C) document possession of an IFSAC Hazardous Materials Awareness Level Personnel seal; and
(D) document possession of an IFSAC Hazardous Materials Operations Level Responders seal; and
(E) pass the Fire Fighter I section of a commission examination.
(4) To receive the IFSAC Fire Fighter II seal, the individual must:
(A) complete a commission-approved Fire Fighter II course; and
(B) document possession of an IFSAC Fire Fighter I seal; and
(C) pass the Fire Fighter II section of a commission examination.
(b) In order to qualify for a Fire Fighter I seal, the individual must document successful completion of an emergency medical training course or program that includes those subject areas required by NFPA 1001.
(c) In order to qualify for an IFSAC seal an individual must submit the application for the seal prior to the expiration of the examination.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 17, 2022.
TRD-202204631
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Effective date: December 7, 2022
Proposal publication date: May 20, 2022
For further information, please call: (512) 936-3812
The Texas Commission on Fire Protection (Commission) adopted amendments to 37 Texas Administrative Code Chapter 425, Fire Service Instructors, §425.1 The purpose of the adopted amendments to rule §425.1 updates the reference material to NFPA 1141 standards. The amended sections are adopted with changes to the text as published in the October 14, 2022, issue of the Texas Register (47 TexReg 6818); "or its successor" has been changed to "or the most recent edition". The rule will be republished. The adopted rule initiated as a result of the agency's four-year rule review.
No comments were received from the public regarding the adoption of the amendments.
The rule is adopted under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also adopted under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing the requirements for certification; and §419.0325, which authorizes the commission to obtain the criminal history record information for the individual seeking certification by the commission.
§425.1.Minimum Standards for Fire Service Instructor Certification.
(a) Training programs that are intended to satisfy the requirements for fire service instructor certification must meet the curriculum and competencies based upon NFPA 1041, Standard for Fire and Emergency Services Instructor Professional Qualifications or the most recent edition of. All applicants for certification must meet the examination requirements of this section.
(b) Prior to being appointed to fire service instructor duties, all personnel must complete a commission approved fire service instructor program and successfully pass the commission examination pertaining to that curriculum.
(c) Personnel who receive probationary or temporary appointment to fire service instructor duties must be certified by the commission within one year from the date of appointment to such position.
(d) An out-of-state, military, or federal instructor training program may be accepted by the commission as meeting the training requirements for certification as a fire service instructor if the training has been submitted to the commission for evaluation and found to be equivalent to or to exceed the commission approved instructor course for that particular level of fire service instructor certification.
(e) An individual who holds a bachelor's degree or higher in education from a regionally accredited educational institution or a teaching certificate issued by the State Board for Educator Certification or an associate degree with twelve semester hours of education instructional courses is considered to have training equivalent to the commission's curriculum requirements for Instructor I, II and III training.
(f) Personnel holding any level of fire service instructor certification must comply with the continuing education requirements specified in §441.21 of this title (relating to Continuing Education for Fire Service Instructor).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 18, 2022.
TRD-202204644
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Effective date: December 8, 2022
Proposal publication date: October 14, 2022
For further information, please call: (512) 936-3812
The Texas Commission on Fire Protection (commission) adopts amendments to 37 Texas Administrative Code Chapter 435, Fire Fighter Safety, §435.1, Protective Clothing, §435.3, Self-Contained Breathing Apparatus, §435.5, Commission Recommendations, §435.7, Implementation of Mandatory NFPA Standards, §435.9, Personal Alert Safety System (PASS), §435.11, Incident Management System (IMS), §435.13, Personnel Accountability System §435.15, Operating At Emergency Incidents, §435.17, Procedures for Interior Structural Fire Fighting (2-In /2-Out Rule), §435.19, Enforcement of Commission Rules, 435.21, Fire Service Joint Labor Management Wellness-Fitness Initiative, §435.23, Fire Protection Personnel Injuries, §435.25, Courage to be Safe So Everyone Goes Home Program, §435.27, Live Fire Training Structure Evolutions, §435.29, Federal Highway Administration Traffic Incident Management Program, and adopts new §435.31, Firefighter Cancer Support Network Cancer Awareness Training Program. The purpose of the changes is to enhance the safety of fire protection personnel.
Sections 435.1, 435.3, 435.7, 435.11, 435.19, 435.21, 435.23, 435.25, 435.29, and 435.31 are adopted without changes to the text as published in the September 30, 2022, issue of the Texas Register (47 TexReg 6414). These rules will not be republished. Sections 435.5, 435.9, 435.13, 435.15, 435.17, and 435.27 are adopted with changes to the text as published in the September 30, 2022, issue of the Texas Register (47 TexReg 6414). The changes reflect grammar, punctuation, and TAC formatting corrections. These rules will be republished. The proposal and adoption of these amendments and new rule were initiated as a result of the agency's four-year rule review. The amendments and new rule reflect that the Commission regulates various entities, not solely fire departments. They also reflect that the Commission regulates the safety of fire protection personnel, not only firefighters.
No comments were received from the public regarding the adoption of the amendments.
The rules are adopted under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rules are also adopted under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing the requirements for certification; and §419.0325, which authorizes the commission to obtain the criminal history record information for the individual seeking certification by the commission.
§435.5.Commission Recommendations.
The commission recommends that all regulated entities use as a guide the NFPA 1500, Fire Department Occupational Safety and Health Program or its successor.
§435.9.Personal Alert Safety System (PASS).
The regulated entity shall:
(1) provide and maintain a PASS device complying with the minimum standards of the National Fire Protection Association identified in NFPA 1982, Standard on Personal Alert Safety Systems (PASS) for Fire Fighters or its successor for each on-duty fire protection person who engages in operations where IDLH atmospheres may be encountered, or where the atmosphere is unknown, or where hazardous conditions from fire or other emergencies exist, or where the potential for such exposure exists;
(2) ensure that all PASS devices used by fire protection personnel comply with the minimum standards of the National Fire Protection Association identified in NFPA 1982, Standard on Personal Alert Safety Systems (PASS) for Fire Fighters. The National Fire Protection Association standard applicable to a PASS device is the standard in effect at the time the entity contracts for new, rebuilt, repaired, or used PASS devices;
(3) ensure that the PASS device assigned to an individual user be inspected at the beginning of each duty period and before each use; and
(4) maintain and provide, upon request by the commission, the entity's standard operating procedure regarding the proper use, selection, care, and maintenance of PASS devices.
§435.13.Personnel Accountability System.
(a) The regulated entity shall develop, maintain, and use a personnel accountability system that provides for a rapid accounting of all personnel at an emergency incident.
(b) The accountability system shall:
(1) require all fire protection personnel be trained in the use of the accountability system;
(2) require that the fire protection personnel accountability system be used at all incidents;
(3) require that all fire protection personnel operating at an emergency incident to actively participate in the personnel accountability system; and
(4) require that the incident commander be responsible for the overall personnel accountability system for the incident.
(c) The fire department shall be responsible for developing the system components required to make the personnel accountability system effective.
(d) The personnel accountability system shall meet the minimum standards required by the NFPA 1561, Standard on Emergency Services Incident Management System and Command Safety or its successor.
§435.15.Operating At Emergency Incidents.
(a) The regulated entity shall develop, maintain, and use a standard operating procedure for fire protection personnel operating at emergency incidents.
(b) The standard operating procedure shall:
(1) specify an adequate number of personnel to safely conduct emergency scene operations;
(2) limit operations to those that can be safely performed by personnel at the scene;
(3) require all personnel to be trained in and use the standard operating procedures; and
(4) comply with §435.17 of this title (relating to Procedures for Interior Structural Fire Fighting (2-In/2-Out Rule)).
(c) The regulated entity may use standards established by the National Fire Protection Association for fire protection personnel operating at an emergency incident.
§435.17.Procedures for Interior Structural Fire Fighting (2-In/2-Out Rule).
(a) The regulated entity shall develop, maintain, and comply with written standard operating procedures that adhere with the Occupational Safety and Health Administration's Final Rule, 29 CFR Section 1910.134(g)(4) by requiring:
(1) a team of at least four fire protection personnel must be assembled before an interior fire attack can be made when the fire has progressed beyond the incipient stage;
(2) at least two fire protection personnel to enter the IDLH atmosphere and remain in visual or voice (not radio) contact with each other;
(A) visual means that the fire protection personnel must be close enough to see each other; and
(B) voice means that the fire protection personnel of the entry team must be close enough to speak to one another without the use of radios;
(3) at least two fire protection personnel remain located outside the IDLH atmosphere to perform rescue of the fire protection personnel inside the IDLH atmosphere;
(4) all fire protection personnel engaged in interior structural fire fighting use self-contained breathing apparatus and be clothed in a complete set of protective clothing as identified in Chapter 435;
(5) all fire protection personnel located outside the IDLH atmosphere be equipped with appropriate retrieval equipment where retrieval equipment would contribute to the rescue of the fire protection personnel who have entered the IDLH atmosphere;
(6) one of the outside fire protection personnel must actively monitor the status of the inside fire protection personnel and not be assigned other duties. The second outside fire protection personnel may be assigned to an additional role, including, but not limited to, incident commander, safety officer, driver-operator, command technician or aide, or fire fighter/EMS personnel, so long as this individual is able to perform assistance or rescue activities without jeopardizing the safety or health of any fire protection personnel working at the scene;
(7) All fire protection personnel entering an IDLH atmosphere must be equipped with an operable portable radio; and
(8) each outside fire protection personnel must have a complete set of protective clothing and self-contained breathing apparatus, as identified in Chapter 435, immediately accessible for use if the need for rescue activities inside the IDLH atmosphere is necessary.
(b) The regulated entity shall comply with the 2-in/2-out rule as described in this section except in a reasonable belief of an imminent life-threatening situation when immediate action could prevent the loss of life or serious injury before the team of four fire protection personnel are assembled.
(c) Whenever there is a variance to these procedures, a supplemental report must be submitted to the Texas Commission on Fire Protection, documenting the rationale used to deviate from these written procedures.
§435.27.Live Fire Training Structure Evolutions.
The most current edition of NFPA 1403, Standard on Live Fire Training Evolutions or its successor, shall be used as a guide when developing standard operating procedures for conducting live fire training. The following requirements shall apply for all Live Fire Training Structure Evolutions conducted.
(1) The officer- or instructor-in-charge will ensure that the water supply rate and duration for each individual Live Fire Training Structure Evolution is adequate to control and extinguish the training fire, the supplies necessary for backup lines to protect personnel, and any water needed to protect exposed property.
(2) The instructor-in-charge shall assign the following personnel:
(A) one instructor to each functional crew, which shall not exceed five students;
(B) one instructor to each backup line;
(C) additional personnel to backup lines to provide mobility; and
(D) one additional instructor for each additional functional assignment.
(3) The officer- or instructor-in-charge will ensure that the buildings or props being utilized for live fire training are in a condition that would not pose an undue safety risk.
(4) A safety officer shall be appointed for all Live Fire Training Structure Evolutions. The safety officer shall have the authority, regardless of rank, to alter, suspend, or control any aspect of the operations when, in his or her judgment, a potential or actual danger, accident, or unsafe condition exists. The safety officer shall not be assigned other duties that interfere with safety responsibilities.
(5) No person(s) shall play the role of a victim inside the building.
(6) Prior to the ignition of any fire, instructors shall ensure that all personal protective clothing and/or self-contained breathing apparatus are NFPA compliant and being worn in the proper manner.
(7) Prior to conducting any live fire training, a pre-burn briefing session shall be conducted. All participants shall be required to conduct a walk-through of the structure in order to have a knowledge of, and familiarity with, the layout of the building and to be able to facilitate any necessary evacuation of the building.
(8) A standard operating procedure shall be developed and utilized for Live Fire Training Structure Evolutions. The standard operating procedure shall include, but not be limited to:
(A) a Personal Alert Safety System (PASS). A PASS device shall be provided for all participating in live fire training and shall meet the requirements in §435.9 of this title (relating to Personal Alert Safety System (PASS));
(B) a Personnel Accountability System that complies with §435.13 of this title (relating to Personnel Accountability System) shall be utilized;
(C) an Incident Management System;
(D) use of personal protective clothing and self-contained breathing apparatus;
(E) an evacuation signal and procedure; and
(F) pre-burn, burn, and post-burn procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 18, 2022.
TRD-202204638
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Effective date: December 8, 2022
Proposal publication date: September 30, 2022
For further information, please call: (512) 936-3812
SUBCHAPTER A. EXAMINATIONS FOR ON-SITE DELIVERY TRAINING
The Texas Commission on Fire Protection (commission) adopts amendments to 37 Texas Administrative Code Chapter 439, Examinations for Certification, §439.19.
The purpose of the adopted amendments to rule §439.19 amends the testing requirements on Figure: 37 TAC §439.19(b). The amended sections are adopted with changes to the Figure (Sectioned Basic Structure FP, from 3 to 5 for Maximum Possible Number of Pilot Questions, which was a typo) the text as published in the September 30, 2022, issue of the Texas Register (47 TexReg 6420). The rule will be republished.
The adopted rule initiated as a result of the agency’s four-year rule review. The adopted amendments initiated as a result of a rule review conducted by the agency. The amendments reflect that the commission regulates various entities, not solely fire departments.
Comments were received from the public regarding the adoption of the amendments and were reflected in the original proposal.
The rule is adopted under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also adopted under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing the requirements for certification; and §419.0325, which authorizes the commission to obtain the criminal history record information for the individual seeking certification by the commission.
§439.19.Number of Test Questions.
(a) Each examination may have two types of questions: pilot and active. Pilot questions are new questions placed on the examination for statistical purposes only. These questions do not count against an examinee if answered incorrectly. The maximum possible number of pilot questions will be 10% of the number of exam questions, rounded up.
(b) The number of questions on an examination, sectional examination, or retest will be based upon the specific examination, or number of recommended hours for a particular curriculum or section as shown in the table below. Any pilot questions added to an examination, sectional examination, or retest will be in addition to the number of exam questions.
Figure: 37 TAC §439.19(b) (.pdf)
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 17, 2022.
TRD-202204635
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Effective date: December 7, 2022
Proposal publication date: September 30, 2022
For further information, please call: (512) 936-3812